# EUR-Lex - 52013PC0015 - EN

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# 52013PC0015

**Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Council Regulation (EC) No 2173/2005 on the establishment of a FLEGT licensing scheme for imports of timber into the European Community /* COM/2013/015 final - 2013/0010 (COD) */**

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EXPLANATORY MEMORANDUM

1.           CONTEXT OF THE PROPOSAL

The Treaty on the Functioning of the
European Union (TFEU) makes a distinction between the powers delegated to the
Commission to adopt non-legislative acts of general application to supplement
or amend certain non-essential elements of the legislative act as laid down in
Article 290(1) of the TFEU (delegated acts), and the powers conferred upon the
Commission to adopt uniform conditions for implementing legally binding Union
acts as laid down in Article 291(2) of the TFEU (implementing acts).

In the context of the alignment of
Regulation (EC) No 2173/2005[1]
to the new rules of the TFEU, powers currently conferred to the Commission by
that Regulation have been re-classified into measures of delegated nature and
measures of implementing nature.

Following this exercise, a draft proposal
for amendment of Regulation (EC) No.2173/2005 has been prepared.

Pursuant to Article 290 of the Treaty, the
Legislator gives the Commission the task to complete or modify certain
non-essential elements of that Regulation.

The Commission may therefore adopt
delegated acts to review the exemption of timber products of species listed in
Annexes A, B and C to Council Regulation (EC) No 338/97 of 9 December 1996 on
the protection of species of wild fauna and flora by regulating trade therein[2]. The Commission is further
empowered to adopt detailed requirements for application of Article 5. By means
of delegated acts the Commission may also amend the list of partner countries
and their designated licensing authorities as set out in Annex I; the list of
timber products set out in Annex II to which the FLEGT licensing scheme applies
irrespective of the partner country as well as the list of timber products set
out in Annex III to which the FLEGT licensing scheme applies only in relation
of the corresponding partner country.

2.           RESULTS OF CONSULTATIONS
WITH THE INTERESTED PARTIES AND IMPACT ASSESSMENTS

There was no need for consultation of
interested parties or for impact assessment.

3.           LEGAL ELEMENTS OF THE
PROPOSAL

· Summary of the proposed action

Identify the delegated powers of the
Commission in Council Regulation (EC) No 2173/2005 and establish the
corresponding procedure for adoption of these acts.

· Legal basis

Article 207(2) of the Treaty on the
Functioning of the European Union.

· Subsidiarity principle

The proposal falls under exclusive
competence of the European Union.

· Proportionality principle

The proposal is amending measures which
already exist in Council Regulation (EC) No 2173/2005, therefore no
concern on the principle of proportionality arises.

· Choice of instrument

Proposed instrument: Regulation of the
European Parliament and of the Council.

Other means would not be adequate for the
following reason: a Regulation must be amended by a Regulation.

4.           BUDGETARY IMPLICATION

This measure does not involve any
additional Union expenditure.

2013/0010 (COD)

Proposal for a

REGULATION OF THE EUROPEAN PARLIAMENT
AND OF THE COUNCIL

amending Council Regulation (EC) No
2173/2005 on the establishment of a FLEGT licensing scheme for imports of
timber into the European Community

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE
COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the
Functioning of the European Union, and in particular Article 207(2) thereof,

Having regard to the proposal from the
European Commission,

After transmission of the draft legislative
act to the national Parliaments,

Acting in accordance with the ordinary
legislative procedure,

Whereas:

(1)       Regulation (EC) No 2173/2005[3] confers powers upon the
Commission in order to implement some of the provisions of that Regulation.

(2)       As a consequence of the
entry into force of the Treaty on the Functioning of the European Union (TFEU),
the powers conferred upon the Commission under Regulation (EC) No 2173/2005
need to be aligned to Article 290 and Article 291 TFEU.

(3)       In order to apply some of
the provisions of Regulation (EC) No 2173/2005, the power to adopt acts in
accordance with Article 290 TFEU (Treaty on the Functioning of the European
Union) should be delegated to the Commission in respect of the revision of the
exemption of timber products of species listed in Annexes A, B and C to Council
Regulation (EC) No 338/97 of 9 December 1996 on the protection of species of
wild fauna and flora[4];
the adoption of detailed rules for application of Article 5 of Regulation (EC)
No 2173/2005, and the amendments to Annexes I, II and III to that Regulation.
It is of particular importance that the Commission carry out appropriate
consultations during its preparatory work, including at expert level. The
Commission, when preparing and drawing up delegated acts, should ensure a
simultaneous, timely and appropriate transmission of relevant documents to the
European Parliament and to the Council.

(4)       In order to ensure uniform
conditions for implementation of this Regulation, implementing powers should be
conferred on the Commission to assess and approve existing schemes that
guarantee the legality and reliable tracking of timber products exported from
partner countries with a view to becoming the basis of a FLEGT licence. Those
powers should be exercised in accordance with Article 5 of Regulation (EU) No
182/2011 of the European Parliament and of the Council of 16 February 2011 laying
down the rules and general principles concerning mechanisms for control by
Member States of the Commission’s exercise of implementing powers[5].

(5)       Regulation (EC) No 2173/2005
should therefore be amended accordingly,

HAVE ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 2173/2005 is amended as
follows:

(1) 
In Article 4, paragraphs 2 and 3 are replaced by
the following:

"2. In order to provide the necessary
assurance as to the legality of the timber products concerned, the Commission
shall assess existing schemes that guarantee the legality and reliable tracking
of timber products exported from partner countries, and adopt implementing acts
to approve them. Those implementing acts shall be adopted in accordance with
the examination procedure referred to in Article 11(3).

The schemes approved by the Commission may form
the basis of a FLEGT licence.

3. Timber products of species listed in Annexes
A, B and C to Council Regulation (EC) No 338/97 of 9 December 1996 on the
protection of species of wild fauna and flora by regulating trade[6] therein shall be exempt from
the requirement laid down in paragraph 1 of this Article.

The Commission shall be empowered to adopt
delegated acts in accordance with Article 11a to review that exemption."

(2) 
In Article 5, paragraph 9 is replaced by the
following:

"9. The Commission shall be empowered to
adopt delegated acts in accordance with Article 11a to adopt detailed
requirements for application of this Article."

(3) 
Article 10 is replaced by the following:

"Article 10

1. The Commission shall be empowered to adopt
delegated acts in accordance with Article 11a to amend the list of partner
countries and their designated licensing authorities as set out in Annex I.

2. The Commission shall be empowered to adopt
delegated acts in accordance with Article 11a to amend the list of timber
products as set out in Annex II to which the FLEGT licensing scheme applies.
Those amendments shall be adopted by the Commission taking into account the
implementation of the FLEGT Partnership Agreements. Such amendments shall
comprise commodity codes, at four-digit heading level or six-digit subheading
level of the current version of Annex I to the Harmonised Commodity Description
and Coding System.

3. The Commission shall be empowered to adopt
delegated acts in accordance with Article 11a to amend the list of timber
products as set out in Annex III to which the FLEGT licensing scheme applies..
Those amendments shall be adopted by the Commission taking into account the
implementation of the FLEGT Partnership Agreements. Such amendments shall
comprise commodity codes, at four-digit heading level or six-digit subheading
level of the current version of Annex I to the Harmonised Commodity Description
and Coding System and shall only apply in relation to the corresponding partner
countries as set out in Annex III."

(4) 
Article 11 is amended as follows:

(a) 
Paragraph 1 is replaced by the following:

“1. The Commission shall be assisted by the
Forest Law Enforcement Governance and Trade (FLEGT) Committee. That committee
shall be a committee within the meaning of Regulation (EU) No 182/2011.”

(b) 
paragraph 2 is deleted.

(c) 
paragraph 3 is replaced by the following:

“3. Where reference is made to this paragraph, Article
5 of Regulation (EU) No 182/2011 shall apply."

(d) 
paragraph 4 is deleted.

(5) 
The following Article 11a is inserted:

"Article 11a

Exercise of the delegation

1. The power to adopt delegated acts is
conferred on the Commission subject to the conditions laid down in this Article.

2. The delegation of powers referred to in
Articles 4(3) and 5(9) and in paragraphs 1, 2 and 3 of Article 10 shall be
conferred for an indeterminate period of time from the date of the entry into
force of this Regulation.

3. The delegation of powers referred to in
Articles 4(3) and 5(9) and in paragraphs 1, 2 and 3 of Article 10may be revoked
at any time by the European Parliament or by the Council. A decision of
revocation shall put an end to the delegation of the power specified in that
decision. It shall take effect the day following the publication of the
decision in the Official Journal of the European Union or at a later
date specified therein. It shall not affect the validity of any delegated acts
already in force.

4. As soon as it adopts a delegated act, the
Commission shall notify it simultaneously to the European Parliament and to the
Council.

5. A delegated act adopted pursuant to Articles
4(3) and 5(9) and paragraphs 1, 2 and 3 of Article 10 shall enter into force
only if no objection has been expressed either by the European Parliament or
the Council within a period of 2 months of notification of that act to the
European Parliament and the Council or if, before the expiry of that period,
the European Parliament and the Council have both informed the Commission that
they will not object. That period shall be extended by 2 months at the
initiative of the European Parliament or of the Council."

Article 2

This Regulation shall enter into force on
the third day following that of its publication in the Official Journal of
the European Union.

This Regulation shall be binding
in its entirety and directly applicable in all Member States.

Done at Brussels,

For the European Parliament                       For
the Council

The President                                                 The
President

[1]               OJ L 347, 30.12.2005, p. 1.

[2]               OJ L 61, 3.3.1997, p. 1.

[3]               OJ L 347, 30.12.2005, p. 1.

[4]               OJ L 61, 3.3.1997, p. 1.

[5]               OJ L 55, 28.2.2011, p. 13.

[6]               OJ L 61, 3.3.1997, p. 1.